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U-1993-10by.r Citt4 of Cuperti"o 10300 Torre Avenue Cuperuno, CA 95014.3255 Adephone: 14081252.450S FAX: 1481 252.0753 DEPARTMENT OF THE CITY CLERK March 9, 1994 Chuck Reed Reed, Elliott, Creech & Roth 99 Almaden Boulevard, 8th Floor San Jose, California 95113-1606 CITY COUNCIL ACTION - APPEAL OF APPLICATION NO. 10-U-93 (MODIFIED) - KC ASSOCIATES/HOME OF CHRIST CHURCH At their regular meeting of March 7, 1994, the Cupertino City Council denied your appeal of Application 10-U-93 (Modifed). If you have any questions regarding this action, please contact the Department of Community Development staff members at (408) 777-3308 for clarification. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Gary Clifford Reed, Elliott, Creech & Roth 99 Almaden Blvd, 8th Floor San Jose, CA 95113-1606 James Jackson Jackson, Abdalah & Rodriguez 10455 Torre Ave. Cupertino, CA 95014 Carlos Lorente Wayne Mascia Assoc. 4301 Great America Pkwy. Ste. 100 Santa Clara, CA 95054 John Sobrato Sobrato Development Co. 10600 N. DeAnza Blvd., Ste. 200 Cupertino, CA 95014 Gary Burke Santa Clara Co. Mfg. Group 5201 Great America Pkwy. Ste. 426 Santa Clara, CA 95054 Carl Berg Berg & Berg Developers 10050 Bandley Drive Cupertino, CA 95014 Kevin Chiang KC Associates 854 Hillview Drive Milpitas, CA 95035 Bob Pressley Silicon Video Corp. 10460 Bubb Road Cupertino, CA 95014 Home of Christ Church 10340 Bubb Road Cupertino, CA 95014 10300 Torre Avenue Cupertino, CA 95014.3255 telephone: (40B) 252-4505 .: (408) 252-0753 COMMUNITY DEVELOPMENT November 10, 1993 KC Associates Attn: Kevin Chiang 854 Hillview Drive Milpitas, California 95035 Subj: PLANNING COMMISSION ACTION LETTER: Application Use Permit 10-U-93 Rezoning 1-Z-93, 10340 Bubb Road This letter confirms the decision of the Planning Commission, given at the regular meeting of November 8, 1993, approving a use permit according to the enclosed copy of the Planning Commission Resulution No. 4479 and recommending approval of the zoning application according to Planning Conunission Resolution No. 4480. The zoning application will be heard by the City Council on December 6, 1993, for final approval. The use permit shall not become effective until after th.- rezoning is approved and becomes effective. Please note these conditions carefully. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution; discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen calendar days of the decision. If this occurs, you will be notified of a public hearing which will be scheduled before the City Council. Sincerely, Colin Jungr ' E� Community DdWlopment Department Enclosure Resolution No. 4479 Resolution No. 4480 10-U-93 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4479 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A CHURCH AND DAYCARE IN AN EXISTING 30,000 SQ. FT. BUILDING SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page I of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby approved contingent upon the approval and effective date of the rezoning and subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 10-U-93 as set forth in the Minutes of the Planning Commission Meeting of November 8, 1993, and are incorporated by reference though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: 10-U-93 Applicant: KC Associates Property Owner: San Francisco Federal Savings and Loan Location: 10340 Bubb Road a Resolution No. 4479 10-U-93 November 8, 1993 Page-2- SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT, I. APPROVED EXHIBITS The recommendation of approval is based on Revised Sheet A-1 and A-2 dated November 2, 1993. 2. APPROVED USES The subject use permit authorizes the conversion of an existing 30,000 sq. ft. office building to church and daycare use. This use permit shall become effective upon the approval and effective date of the BQ rezoning. The approval of the daycare use is contingent upon the applicant receiving daycare license approval from the State. 3. HOURS OF OPERATION Hours of operation for non -religious activities are restricted to the period of 7 a.m. to 1 1p.m. PASSED AND ADOPTED this 8th day of November, 1993, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Mahoney and Chairwoman Austin NOES: COMMISSIONERS: Bautista, Roberts ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: Is/ Robert S. Cowan Robert S. Co/%an Director of Community Development SJmm/paecW 1 eu93 /s/ Donna Austin Donna Austin, Chairwoman Cupertino Planning Commission 2-Z-93 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 RESOLUTION NO. 4480 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL FOR A CHANGE OF ZONING OF A 1.6 ACRE LOT FROM ML-RC, LIGHT INDUSTRIAL, TO BQ QUASI -PUBLIC BUILDING SECTION 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a change of zone, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on the subject application; and WHEREAS, the Planning Commission finds that the subject change of zone meets the following requirements: a) That the change of zone is in conformance with the General Plan of the City of Cupertino, and is consistent with the existing uses on the subject lots. b) That the property involved is adequate in size and shape to conform to the new zoning designation. c) That the new zone encourages the most appropriate use of land. d) That the proposed change of zone is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. c) That the change of zone promotes the orderly development of the city. NOW, THEREFORE, BE IT RESOLVED That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for change of zone is hereby recommended for approval, and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application 2-Z-93 as set forth in the Minutes of the Planning Commission Meeting of November 8, 1993, and are incorporated by reference as though fully set forth herein. SECTION IT: PROJECT DESCRIPTION Application No(s): 2-Z-93 and 9-EA-93 Applicant: KC Associates Property Owner: San Francisco Federal Savings and Loan Association Project Location: 10340 Bubb Road (APN: 357-20-019) PASSED AND ADOPTED this 8th day of November, 1993 at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Doyle, Mahoney, Roberts and Chairwoman Austin NOES: COMMISSIONERS: Bautista ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: /s/ Robert Cowan Robert Cowan Director of Community Development APPROVED: /s/ Donna Austin Donna Austin, Chairwoman Planning Commission II! s j a a � ROOF PLAN ecALe +r,en*-0' A CN$ a w acr .iN w.ap r q was SECTION SCALD ~-W oEr N� �SCALM V4lf4r 150U7 H ILtVA 11 VN ecu,e vsro ----------------------------------- --------------------------- oil III � I oil amsIII ,. 1�4 IIIIIII„IIIII IIII 01,11111,11fIIlII III IIIIIfI' II IIIIIII I f I III IIIII 1111 IN 11 1111111111111 III -- IIIIIIIIIIUIIIII 11111111111111111 11111111111111111 IIIIIIIIIIIIIIIII - 11111111111111111 - Illlllllllllllllf� _._ If Flo - 2 ,,T E DETAIL E NORTH ELEVATION SCAM ~-W s � N,Ta P s C___- C SS z---- ---- -- ------------------------------------ �1111111 --"" KII _ '' ' ego `�� .E>fi�! � ... __ II 1111111f{III{III{ II {{III1I IIIIII11 111111►► 111111111 I{IIIIIIIIII{IIII 11 II IIIII{IIIIIIIIII{ 1111111111 11111111 III 111111111II11,11 II II IIIIIII� IIIII{IIIIIIIIIII' - �[� omm�uunll III 1111111111111101 �IIIIIIIIII�ollliiii�� Illlllllllllllltl 1�111�1. � gigs,,', 11111111111111111 - Iltllllllllllllll _'IJL,J'11111111111111111 � SECOND FLOOR PLAN ,,1Q-fa. EAST ELEVATION B i7��6TIN6 TO ^�SCAM 0 Z`� IL a Wy . >z 0 w �IL cr. Z co in m w T CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Councilmembers Chairman and Planning Commissioners From: Robert Cowan, Director of Community Development Q-x� Date: August 21, 1996 Subj: Report of Director's Decision Regarding a Minor Modification Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmember or Planning Commissioner to appeal the decision within fourteen calendar days. Application 10-U-93. Plan for a playground addition to an existing church. The applicant is Home of Christ church. Attached site plan labeled Exhibit A, shows that the playground will be adjacent to the church building. The site is presently part of the parking lot and five parking spaces will be taken out. However, the Appendix shows reciprocal parking agreements that the church has with the adjoining University of California at Santa Cruz (UCSC) Extension and Apple Computer, which will replace those spaces lost in the extension. Exhibit B shows the site plan of the playground itself. It will be surrounded on three sides by a 42" high cast iron fence for security reasons. The playground will also have a bench that will be located along the west side. Two trees will be removed from the site, but both of those will be replaced. Finally, the site will only be used during Sunday morning worship services and the type of -play equipment has not yet been decided, but will be traditional (swings, see -saw, slide, etc.). Daycare operations are prohibited. Steve Guber of the Central Fire District confirms that surrounding industrial companies will not need to alter their hazardous materials reporting requirements as a result of the playground. Finally, Exhibit C shows the design and material dimensions of the site and Exhibit D shows the east elevation. The Director of Community Development approves the playground addition for the site per the attached enclosures. Enclosures: Application Exhibit A - Site Plan for Church Exhibit B - Site Plan for Playground Exhibit C - Design and Material Dimensions Exhibit D - East Elevation of site Appendix - Reciprocal Parking Agreements g:pdreportl1003m EXHIBIT A SITE PLAN HIGHWAY 85 7 I I I I I I I I I I , I I I I I I I I I I I In NONNI 1 PLAYGROUND EXISTING BUILDING 1313 J? 0 AD A\SITE PLAN Al EXH IT B - SITE PLAN OF PL/; GROUND (N) TREES 15 GALLON AZ EXIST. ��-----'------- --'- LIGHT (E) ITREE TO REM VE I POLE \ I � � I(N) SIDEWALK I i 42 HT AST IRON FENCE I(E) HD H2 IPARKING 4DE PU Off BARK PLAYGROUND E) SIDEWA W/KID S PLA EQUIPMENT . " -ON TOP .. • :� .. I a -►-- CONC. RETAINING WALL TYP. " I I :(E) TREE TO REMOVE pN (N) W OD BENCH � I (E) TREE TO REMAiw A3 7'_ „+ ,�2 EXHIBIT f ;- DESIGN & MATERIAL DIk"INSIO.NS 1 1/8V 42'HT CAST IRON FORM (N) SIDEWALK AC PARKING AREA.11/4 / SLOPE DRAINRETAINING WALL PIPE OUTLET • • METAJ_ BRACKET 024' O.C. W/2X REDWOOD STRIPS ON TOP 1/2'0 M.B. 024'O.C. -\ tm A, 12'r _MEM � 00/W.P. COMPACT DIRT RAMP- 1/2%FT SLOPE /3 AT 12- i i (E) BLDG. EXTERIOR RETAINING WALL EXISTING BUILDING CONC. FOOTING I- DRAIN )?UGK - M , SLINE OIL OF UNDISTURBED o i 6' PERFORATED DRAIN PIPE N (�i 1/4'/FT SLOPE MIN_ kLEAR --�- m 14 AT 9' A3 E"41BIT D - EAST ELEVATION' , v n I 1 LIIV uc'wLU FOR SECTION . a.. .. act sat Y..3.. .•ice.. .. aaGG.1 � APPENDIX Mutual Parking j.i erase Agreement This Mutual Parking License Agreement (Agreement) is made this day of 1995 by and between Home of Christ Church (HOC) and the Regents of the University of California on behalf of the University of California, Santa Cruz Extension Program (UCSC). WHEREAS, HOC owns and resides at certain real property at 10340 Bubb Road, City of Cupertino, County of Santa Clara, State of California, as described in Exhibit A attached hereto and incorporated herein, including certain parking spaces on said property which are indicated as the bzsignatod Parking Area 1 in Exhibit A; and WHEREAS, UCSC leases office, class room space and puking spaces on a property adjacent to the HOC property as described in Exhibit B attached hereto and incorporated herein, including certain parking spaces on said property which are indicated as Designated Parking Area U on Exhibit B, said property being located at 10420 Bubb Road, City of Cupertino, County of Santa Clara, State of California; and WHEREAS, UCSC desires to use parking spaces owned by HOC during class hours Monday through Friday until 6:00 p.m.; and WHEREAS, HOC desires to use parking spaces leased to UCSC on Saturdays and Sundays; 11MMHFORE, HOC and UCSC herby agree to pa:nit such muhlal use of ;melting sn-rns subject to all of the following terms and conditions: 1. LI=M: HOC grants to UCSC a revocable, non-exclusive license (UCSC License) for parking of UCSC students and employees in Designated Parking Area I (Exhibit A). This license is personal to UCSC, and under no circumstances shall the UCSC License be deemed a grant of any Interest or estate in the HOC property. The UCSC License is non -transferable by UCSC and any attempted transfer shall automatically render the UCSC License null and void. UCSC grants to HOC revocable, non-exclusive license (HOC License) for parking of HOC staff and church service attendees in Designated Parking Area 11(Exhibit B). This license is personal to HOC, and under no circumstances shall the HOC License be deemed a grant of any interest or ostate in the UCSC leased property. The UCSC License is non -transferable by HOC and any attempted transfer shall automatically render the HOC License null and void. 2. J&r; The UCSC License may be used only: (i) by UCSC students and employees (with identification) and only on the days (ii) Monday through Friday. The HOC License may be used only: (III) by HOC staff and church service or event attendees and only on the days (iv) Saturday and Sunday. ACCEPTED BY: HOC: Date: /O r .t UCSC: Dam: (Initial)dal) ill 1l�/eY'.o 11:12. UCSC I Ik, "IV1 3 Mutual Parkin` Lease Agreement Page 2 Draft 10/24/95 3. Term: The term of this Agreement shall commence on September I, 1995 and shall continuo in effect thereafter until termins•.ed by either of the parties by providing the other party with five (5) days prior written notice of termination. 'ids Agreement shall Immediately terminate upon the expiration and non -renewal of UCSC's lease of the premises at 10420 Bubb Road or the convoys= of the propertyat 10340 Bubb Road by HOC. In the event of termination of this Agreement upon non -renewal of the 10420 Bubb Road property lease by UCSC or conveyance of the 10340 Bubb Road property by HOC, the party taking such action will notify the other in writing within 5 business days of such action and the resulting termination of this Agreement 4. Non- it I my is : Both parties retain the right of use of their respective Designated Parking Areas as each party may require. Each of the parties retains all rights to grant access and use of Its own Designated Parking Area to such persons, for such purposes, and at such times as the party who owns or leases the Designated Parking Area may solely determine to be appropriate. Neither of the parties shall have any liability to the other for any unavailability of parking spaces. 5. No Reprtsentstions, Exclusion of Warrant^: Neither party makes any representation or warranty expressed or implied to the other, or to any third party, as to the quality, suitability, or fitness of the Designated Parking Areas for any intended use, or as to the adequacy of fighting or security for parking or other purposes.. 6. No Assumption of L12hility: Neither party, by executing this Agreement aasumos any liability to any th.ed pL—.y fc: any claims, injures, damage: or losses arising at any time from or in any way attributable to the use of parking facilities under this License. 7, [minaMiner with Laws: At all times, both parties shall comply with all applicable parking Mules. laws, ordinances and regulations regarding the use of the Designated Parking Areas, Including, but not limited to, restriction of parking in designated spaces for disabled individuals. 8. Insurance: Each of the parties hereto shall procure and maintain, throughout the term of this Agreement, a policy of commercial general liability insurance or a oomparable program of self- insurance providing coverage for bodily injury, including death, and -damage to property, Including the loss of use thereof, with limits of liability of not less than =000,000 each occurrence and in the aggregate. No latter than ten (10) business days after signing this Agreement, each of the parties agrees to provide the other with a certificate of insurance evidencing that the above coverage is in fuii force aad effect and evidencing: (a) that the parr;'s 1.+t.2.__ V--!!cy or prsgrs:a of self- insurance has been endorsed to name the other party as an additional insured, but only the extent of the indemnification provided heroin, (b) that the insurance carrier or self -insured will provide the additional insured with 30 days prior written notice of cancellation or reduction in limits below $2,000,000 each occurrence and in the aggregate, and (c) that the insurance policy or self-insurance program shall be primary, and non-contributing with, any other insurance or self-insurance program available to the additional insured with respect to any claim(s) arising out of the negligent acts or omissions of the named insured or the named self -insured. ACCEPTED BY: HOC: / r� Date:/0 Z 1'�91— UCSC: Date: ` �4 (Initial) (Initial) I V'aS/Y.7 1a:1J LA-%. .ls... =r—i Mutual Parking Lease Agreement Pagel Draft 10/24/95 9. Indemnlnestion and Hnld Harmless: (a) UCSC shall Indemnify and hold HOC harmless with respect to any and all losses, damages, liabilitios, costs and expenses whatsoever incurred by HOC, including, without limitation, reasonable attorney's fees and costs, which arise or are incurred as a result of UCSC's use of parking spaces in Designated Parking Area 1, and are caused by or result from a negligent act or omission of UCSC, its officers, agents, employees, licensees, invitees, tenants or students in the exercise of the rights and privileges granted pursuant to this Agreement. (b) HOC hereby agrees to indemnify and hold UCSC harmless with respect to any and all losses, damages, liabilities, costs and expenses whatsoever incurred by UCSC, including, without limitation, reasonable anomey's fees and costs, which arise from or are incurred as a result of HOC's use of parking spaces in Desigaated Parking Area 11, and are caused by or result from a negligent act or omission of HOC, its officers, agents, employees, church activity or service participants, licensees, invitees, or tenants in the exercise of the rights and privileges granted pursuant to this Agreement. 10. Attorneys Fees: If either or the parties is required to bring an action at law or inequity to enforce any term of this Agreement, the prevailing party to such action shall be entitled to recover its casts and reasonable attorney's fees incurred In connection therewith, in addition to any other relief as may be allowed by law. 11. F.ntlre Agreement: This Agreement and the Exhibits attached hereto and incorporated herein. contain the entire agreement between the parties with respect to the subject matter of this Agreement. All prior written and oral agfeemteats or understandings mgsdirg the subject mntrer hereof are expressly superseded by this written Agreement. no provisions of the Agreement shall be construed as a whole according to their common meaning, and not strictly for or against either party. This Agreement may only be amended by a written amendment signed by both parties hereto. 12. Cx2 jpag; The captions set forth herein am included for the convenience of reference, and shall not have any legal effect and shall be disregarded in the construction and interpretation of this Agreement. 13. 33= Time is of the essence in this Agreement and In each and every portion hereof. 14. $vita: All remedies provided for in this Agreement, or otherwise available at law or equity, shall be cumulative and not exclusive. in the event of either parry's br_aeh of thi-- Agreement, the other party shall have, in addition to a claim for damages or default, and without prejudice to any right or remedy available to the other party, the right to demand and have specific performance of this Agreement. 15. }divers and Fleetions: No delay or failure by either ofthe parties to exercise any right or remedy to which it may be entitled under this Agreement shall operate as a waiver of that or any other right or remedy. ACCEPTED BY; HOC: Date: 12 J- J-UCSC: Date: 3� aS (Initial) (Initial) Mutual Parking Lease Agreement Pap 4 Draft 10/24/95 16. Nntices: All notices required by this Agreement shall be in writing and shall be deemed sent when deposited in the United States mail, certified or postage prepaid, addressed to the party at the addresses act forth below. Either party may, at any time, change the address for notice under this Agreement by giving notice to the other parry as provided herein. FOR HOC: FOR UCSC: Home of Christ Church UC Santa Cruz Extension - Cupertio 10340 Bubb Road 10420 Bubb Road Cupertino, CA 95014 Cupertino, CA 95014 All: Att: 17. Governing T....« Thi6 Agreement shall be governed and construed in accordance with the laws of the State of California. 18, Warranty of Authority: Each party represents that it has the authority to enter into this Agreement and that the officer executing this Agreement has the authority to bind the party which he or she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the data grit writtiva above. HOME OF CHRIST CHURCH REGENTS O UN7TY OF CALIF. By: // _ pv. By: Autho ed Signature (title) Authorized Signature (title) ACCEPTED BY: HOC: Date: / z - - UCSC: Date: partlat) (Initial) � emu. I UCSC EXTENSION • ID:40gQ276608 SEP 20,9y IU:U4 No.UIU p.U2 EXHIBzr A To LEASE DESCRIPTION CW pp MIZSI!�BiT� PA$e 2 ci 9 Stec plan .�5 t,